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18-320 - Gregory v. The City of New York

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18-320 - Gregory v. The City of New York
April 3, 2018
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MEMORANDUM & ORDER: Plaintiff's request to proceed in forma pauperis is granted. For the reasons set forth in the attached Memorandum & Order, Plaintiff's claim against the City of New York is dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A. However, Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this Order. Plaintiff is informed that if he elects to file an amended complaint, he must name as proper defendants those individuals who had some personal involvement in the conduct he alleges in the amended complaint, and he must also provide relevant dates. See Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) ("a plaintiff must plead that each Government-official defendant, through the official's own individual actions, violated the Constitution."). If Plaintiff wishes to bring claims against a defendant and does not know the name of the individual, he may identify each of them as John or Jane Doe, and to the best of his ability describe each individual. The new complaint should be captioned as an "Amended Complaint," and use the same docket number as this Order. Any amended complaint completely replaces the Original Complaint. No summons shall issue at this time and all further proceedings shall be stayed for 30 days. If Plaintiff fails to respond to this order, or fails to do so in a timely manner, the action will be dismissed. The Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 4/3/2018. (Cuevas Ingram, Joanna)